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CC Resolution 11204RESOLUTION NO. 11204 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and WHEREAS, a Memorandum of Understanding for salaries, benefits and working conditions has been approved and executed by the authorized representatives of the Campbell Municipal Employees Association and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandum of Understanding attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED this 3rd day of August 2010, by the following roll call vote: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low None None APPROVED: Evan D. Low, Mayor ATTEST: Anne Bybee, City Clerk Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010 -June 30, 2011 MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT Campbell Municipal Employees Association (CMEA) PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City", and the authorized representatives of Campbell Municipal Employees Association, hereinafter referred to as "CMEA". STATE LAW COMPLIANCE This Memorandum of Understanding complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State in that the employer-employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution 10016, relating to employer- employee relations, as adopted and amended by the City Council of the City of Campbell. I. GENERAL CONDITIONS A. Personnel Rules and Regulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. B. Terms of Understanding This Memorandum of Understanding embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment, fora 12-month term beginning July 1, 2010 and ending June 30, 2011. C. Existing Benefits Continued This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contained in the currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding. D. Benchmarks Accountant Building Inspector Accounting Clerk Building Maintenance Worker Assistant Engineer Executive Assistant Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010 -June 30, 2011 Office Assistant Planner I Recreation Coordinator Recreation Supervisor Any special compensation adjustment for a benchmark classification will also be provided to classifications related to the benchmark as set forth below: Accountant Accounting Clerk I Accounting Clerk II Executive Assistant Office Specialist Permit Technician Deputy City Clerk Assistant Engineer Associate Engineer Junior Engineer Engineering Aide Senior Engineering Technician Building Inspector Senior Building Inspector Public Works Inspector Senior Public Works Inspector Code Enforcement Officer Building Maintenance Worker Building Maintenance Worker II Building Maintenance Lead Worker Utility Worker Office Assistant Senior Office Assistant Planner I Planner II Associate Planner Housing Coordinator Redevelopment Coordinator Administrative Analyst Recreation Supervisor Senior Museum Specialist Senior Services Supervisor Recreation Coordinator Nutrition Site Manager Food Server Museum Education Coordinator Public Safety Systems Specialist is proposed to be eliminated in the FY 10/11 budget. II. COMPENSATION A. Salary Effective the first pay period containing July 1, 2010, the salaries of all classifications represented by CMEA shall be increased by zero percent (0%). B. Furlough "Work furlough" refers to one or more hours of required unpaid leave taken on a consecutive or intermittent basis. All CMEA employees will be required to take fifty six (56) hours of furlough during FY 2010/11. Thirty two (32) hours will be taken at the employee's discretion. Twenty four Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010 -June 30, 2011 (24) hours will be taken on the following City Hall closure days: September 3, 2010, eight (8) hours between December 27th and December 30th 2010, and March 18, 2011. The following terms and conditions apply to the furlough program: a. Furloughs may be taken in a minimum of two hour increments, with prior supervisor approval. b. Employees may not use paid accrued leave during furlough time. c. Furlough time will be considered time in paid status for the following: • Accrual of paid leave • Seniority • Time in service for step increases • Completion of probation • Eligibility for holidays, and • Eligibility for health and welfare benefits. d. Furlough time will be addressed in accordance with CaIPERS regulations for the purpose of pension. e. No employee may perform work for the City during furlough time off unless authorized by management. f. The period of furlough time off will be unpaid. Furlough time off will be tracked under a separate unpaid hours code. g. Employees that have voluntarily or involuntary had a reduction of hours will be exempt from furloughs for Fiscal Year 2010/11. These affected employees may work during the City closure, work a flexible schedule, or record leave time based on supervisor approval. III. OTHER PROVISIONS A. Benefit Cost Adjustments July 1, 2010 The City will be responsible for any increase to the PERS employer contribution rate on the PERS plan in effect July 1, 2010. The City will provide $133.89 per month for the current dental coverage, including an annual maximum per patient benefit of $2,500, and orthodontia coverage with a $2,500 per patient lifetime. This coverage includes the Delta Dental PPO plan effective July 1, 2010. The City will provide $15.50 per month for life insurance. The City will provide $6.30 per month for the Employee Assistance Program effective August 1, 2010. Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010 -June 30, 2011 The City will provide a maximum of $49.50 per month for Long Term Disability Insurance. The maximum benefit is $3,000 per month. B C. The City will provide $30.15 per month for Vision Service Plan (VSP) coverage which includes Progressive Lens coverage. Health Insurance Benefit Program Effective January 2011, the City will provide a maximum of $108.00 per month for health insurance and $837.00 per month for a Cafeteria Plan Allowance in an additional Section 125 allotment for health and other optional benefits. ($945 per month total). Any unused portion of the City's contribution will be rebated to the employee. The City will continue to contract with the California Public Employees Retirement System (CaIPERS) for the purpose of providing employees with medical insurance benefits. The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA). 2. Cafeteria Plan Allowance The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, flexible spending accounts for out-of-pocket medical expenses and dependent care, accident insurance, cancer insurance, heart and stroke insurance, long term care insurance, and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section B1 of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee. Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance. California Public Employees Retirement System (CALPERS) Second Tier 1. Miscellaneous CMEA employees hired before November 1, 2010 will receive no changes to their current retirement benefits contracted as a CaIPERS retirement benefit based on the 2.5% at 55 formula, calculated on the average of three year highest income in accordance with CaIPERS regulations. 2. Miscellaneous CMEA employees hired on or after November 1, 2010 will receive a CaIPERS retirement benefit based on the 2% @ 60 formula calculated on the average of three year highest income in accordance with CaIPERS regulations. Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010-June 30, 2011 D. Tuition Reimbursement City will continue the tuition reimbursement program as specified in Personnel Rules and Regulations Section 18.3.A, with a maximum reimbursement of $2,500 per year. E. Deferred Compensation In recognition of CMEA's concern for future medical insurance costs of prospective CMEA retirees, the City will continue to contribute $50 per pay period to each full time CMEA employee's ICMA Deferred Compensation account. The contribution for permanent part time CMEA employees will be prorated accordingly. F. Retiree Award Program The City will continue the existing Retiree Award Program based on the following criteria and features: • Minimum retirement age of 50 and retired from the City of Campbell. • Bills must be submitted to the City in January and July of each year for reimbursement for the prior six months' costs. • Award will not exceed cost for medical coverage for the retiree only (not dependents) on a reimbursement basis as follows: - For employees who have completed at least 17 years of service with the City of Campbell, award will be a maximum $325 per month. G. Uniform Allowance City will provide a uniform allowance in the amount of $500 per year to the following classifications: Building Maintenance Worker I Building Maintenance Worker II Building Maintenance Lead Worker Utility Worker City will provide an allowance of $150 per year to the following classifications for work boots/shoes: Building Inspector Senior Building Inspector Public Works Inspector Senior Public Works Inspector Code Enforcement Officer Associate Engineer Assistant Engineer 5 Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010 -June 30, 2011 Uniform allowance payments will be made once each fiscal year (in July). H. Bilingual Pay The City will provide bilingual pay at $75 per pay period. Healthy Life-Style Reimbursement City will provide for CMEA (employee only) a healthy life-style reimbursement with a maximum of $100 per year for City-sponsored fitness classes for all CMEA classifications. IV. PERSONNEL RULES AND REGULATIONS MODIFICATIONS A. Compensatory Time Personnel Rules and Regulations Section 16.23 B3) will be as follows: B. The maximum accumulation of compensatory time is as follows: For employees represented by CMEA, compensatory time shall not be allowed to accumulate in excess of 125 hours. Any compensation time earned exceeding maximum accrual hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option two times each calendar year to convert any or all accumulated compensatory time to cash. V. RETROACTIVITY All proposals will be effective as indicated. VI. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by CMEA and by approval of a majority of the City Council of the City of Campbell within twenty (20) days of the date of execution. Campbell Municipal Employees Association Memorandum of Understanding July 1, 2010-June 30, 2011 EXECUTED THIS ~~ ~ DAY OF JULY 2010 BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES T ~~~ (~ ~~ CAMPBELL MUNICIPAL EMPLOYEES ASSOCIATION ~~t/ l /'~L~/